Enforcing a Separation Agreement in Ontario When Your Ex Won't Comply

When an ex stops paying support or ignores the parenting terms, it is easy to feel the agreement was worthless. In most cases it is not, but the route to enforcement depends on which term is being broken.

This article explains the usual steps in Ontario: checking the agreement, filing it with the court, using the Family Responsibility Office for support, and going to court for other terms. It is general information and not advice on your situation.

Start by checking the agreement itself

A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed. Before taking any step, confirm that yours meets those requirements. If an agreement was not signed and witnessed as the Act requires, it may be unenforceable.

Also gather the practical evidence: the agreement, any amendments, bank records showing missed payments, and messages about the problem. Keep in mind that the other side may argue the agreement should be set aside, for example for non-disclosure or a lack of understanding. Having the facts organized helps either way.

File the agreement with the court

Before the Family Responsibility Office can enforce support, the agreement must first be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice, and the registration package includes a copy of the agreement and Form 26B. Form 26B is part of that registration package. The Ontario Court of Justice enforces properly filed domestic contracts, and its processes include default hearings.

The filing rules in the Family Law Act have been amended recently, so confirm the current procedure with the court office or a lawyer before you file.

Support: using the Family Responsibility Office

For the Family Responsibility Office (FRO) to enforce support, the separation agreement must first be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice, and then registered with FRO. The registration package includes a copy of the agreement, Form 26B and a completed FRO registration package.

Once support is registered, the payor pays FRO, and FRO usually deposits the money in the recipient's bank account within 48 hours. FRO's enforcement tools include taking money directly from the payor's bank account, suspending the payor's driver's licence and starting a court case. Using FRO costs the recipient nothing.

FRO enforces only the support provisions of an order or domestic contract. You may also choose not to use FRO and go to court to enforce the agreement directly.

Non-support terms: parenting, property and other promises

Ontario guidance says an informal parenting arrangement can be difficult to enforce, and that you can ask the court to enforce parenting arrangements made in a separation agreement. Parenting terms are still reviewed on the child's best interests, and a court may disregard a term if that is in the child's best interests.

If the dispute is about an equalization payment or other property claim, watch the time limits. An equalization claim must generally be brought within six years of separation, or two years from the day the divorce is final, whichever comes first. The court keeps a residual discretion to extend time limits under the Act.

When a court may not simply enforce the term

• Child support: a court may disregard a child support term that is unreasonable having regard to the child support guidelines.
• Spousal support waivers: a court may set aside a support provision or waiver on grounds such as unconscionable circumstances or default in payments.
• Changed circumstances: support can be changed by an updated agreement or by court order, for example after a change in income or remarriage.
• Child support updates: on written request, a paying spouse must provide updated income documents, not more than once a year.

If your ex is behind because their income dropped, they may seek a change, but they generally should not simply stop paying. A lawyer can explain how that works in your case.

What to do next

• Confirm the agreement is in writing, signed and witnessed.
• Sort the broken terms into support terms and other terms.
• Pull together payment records, the agreement and any amendments.
• Ask the court office or a lawyer how to file the agreement and Form 26B at your courthouse.
• For support, ask about registering with FRO.
• Consider a family dispute resolution process, such as mediation, where appropriate.

Frequently asked questions